Fonseka Trial: Free and Fair? (Opinion)
Fonseka waving outside court
A short while ago, reports began to surface that DNA MP and former Army Commander Sarath Fonseka was found guilty of engaging in political activity while in uniform. MCNS head Lakshman Hulugalle and military spokesman Ubaya Medawala said they were both awaiting official confirmation.
If indeed the reports are true, the word “travesty” springs to mind. After all, the proceedings continued despite court holidays. More importantly, despite the fact that Fonseka’s own legal representation was absent.
The ‘right to counsel’ is one of the most basic rights of the accused. The defendant has the right to a lawyer to state his case. If he cannot afford this, the state should be able to provide one. Violating this right is not exactly a criminal offence. However, as lawyer Upul Jayasuriya pointed out, “the right to counsel… is a cardinal principle.” That makes the decision to proceed despite the fact that Fonseka’s lawyer was ‘on holiday’ somewhat controversial.
Of course, Fonseka has been vociferous about his rights being violated. When he was first detained at the Navy headquarters, he reportedly refused to eat any food not provided by his wife, convinced that he was at risk of poisoning. He went on a hunger strike when he was told he couldn’t use his personal mobile phone to communicate to his daughters via Skype. He even demanded that an air conditioning unit be installed in his room, since he had respiratory problems.
Fonseka did, however, retain his civic rights, since he wasn’t officially sentenced. This meant he could attend Parliamentary sessions. On the few occasions he was prevented from doing so, he (rightfully) vigourously protested. And he has remained very much in the public eye, simply because of his unique position- a former war hero now labelled as a traitor. The frequent protests organised by his party, the Democratic National Alliance, and spearheaded by his wife Anoma have gone some way to maintaining public interest.
The right to a fair trial- another basic fundamental right. Was it fair to continue proceedings despite the notable absence of Fonseka’s counsel? Probably not. Then again, “fair” is not a word that appears often in Sri Lankan vocabulary.
At the end of the day, the accused’s rights should not be ignored-even if he is guilty of the crime.
His Excellency MR ( Maha Raja Thuma) has the final decision to pardon SF. Military court has done their part. This tribunal was postponed several times because SF had stomachache, headache and some other problems time to time. This time his lawyers asked to postpone it due to their vacation. Can any tribunal tolerate this kind of silly logics any longer?
SF will never go on his knees and bow down to a cow! He is an officer and he will tollerate whatever injustice is happening in the land of the lawless. Third angle is writting from the wrong angle. Raja is not the law of the courts!!
but he would do any thing to protect his green card, not just kneeing but even betraying his own army and country
he did not betray the army! he did not answer to the homeland security guys, it’s only gota who did that and keeps going back to usa to update his green card, that’s why he was there for 2 weeks last week.
SF said what he knew only it was gota who messed up the army and now no one respects the army because of that. thats why he left the army and went to usa and stayed there for 14 years, he is a covered.
Please do not insult people like that. Maha Rajathuma is the only Sri Lankan president graduated from a Sri Lankan University. He is a Lawyer by profession. As a human rights lawyer he appeared behalf of many JVP members to save their lives during the Ranjan-Premadasa butchering campaign in 1988-89. Fortunately he did not end up with the same destiny as his college Mr. Wijeydasa Liyanarachchi.
Angle ! Your information seems to be in a tangle ! Can you tell us from which University (Sri Lankan or otherwise) that MR graduated, and also the faculty and the year ?
Yakolis:
SRi Lanka Law college! This is the highest Legal establishment of Sri Lanka (Council of legal education in Sri Lanka) and even higher than the Faculty of Law! Present Chief Justice, Attorney General, Solicitor General, Ranil Wickramesinghe etc., also are illustrious students of this great institute!
ha ha ha he was a peon at Jayawardenapura university wiping dust in the library. So u fool think that he has got graduated for cleaning & sweeping the library. No where in this world degrees are given for cleaning & sweeping the floors of libraries. Bu he would hv got a degree for murdering people. Who ordered to kill Chandi Malli? just cover up of certain things.
because he is a blind person so he has to use a third angle stupid fellow.
Very correct…. they do whatever within their capacities to intimidate the lawful people of the nation.
Dear Third Angle,
All I can say to you is, your are an ignorant Third Class citizen looking at thigs from a very Mithya Drustika angle. You are caught up in the trangle of Mahinda, Gota and Basil. At the moment they themselves are pulling in different directions and soon the triangle will open up. Everything is impermanant.(Anicch, Dukka & Anatta) Only the wise realize it and they are not disturbed by anything or anyone. May you and the triangle be well. Metta
P.S. You are absoloutly right Preethi
ANGLIE ANOTHER RAJAPAKHE CO…. SUCKER.
Umbe Ammage Redda !
You mean Maha hora……Paraya who steal from SL people….I call his rajapraya
I am totally agree with your comments. Well said.
Well said third Angler. May be uneducated Somapalaya’s can say anything but our President will turn this country in to a Asia’s wonder.It will happen., I recently visited Sri Lanka and I couldnt beleive my self the develpoments in the country. Roads are almost international standard.No smokers,no jay walkers no street vandors .Most of the people are happy and they make money and they have money. Our country is in the correct path. God bless Sri lanka.God bless Our president and the Government.
I strongly beleive that there will be a National Government soon. After the President’s second term he will become an executive prime minister and Mr.Ranil. Wickramasinghe will join the government with some UNP members and he will become our next Hon.President of Sri lanka.
May be JVP brothers might not like the idea but it could happen.
Sarath, I agree with some of your comments regarding the development and resurgence of Sri Lanka, BUT why is MR allowing acts like this based on personal animosities and unrestrained acts of lunatics like Mervin and other crooks neutralize the good work done, thereby damaging Sri Lanka internationally ?
Arrogance.
Don’t forget when Merv was appointed Deputy Media Minister.
MR can and will have more uses for Merv when he’s not in the cabinet. Merv is the government’s own thug/drug peddler/pimp and KP their insider to the arms trade.
Definitely something wrong with your imagination. Please go to a Psychiatrist and get your mind checked thoroughly. You have been daydreaming while talking to some Colombo 7 govt. lunatics while you were in Sri Lanka. So called colombo flyovers ( which cannot be compared to one’s we see in other devoloping countriesany way) have costed every Sri Lankan 6 to 7 times more than the real cost. Who pocketed the overestimated amount? Lunetics like you’ll will not pay those debts but helpless innocent SL taxpayer will . have to for several years to come. I feel really sorry about utterly ignorent people like you’ll.
Well, SF had been stripped of his army ranks, medals, etc…This is what happens to a fool, who sleeps with the JVP and tries to his motherland…That he was the army commander is nothing to do with his actions against the motherland!
third angle you are a as– h— respect gen sarath as he did his part to the country becouse he contest to be come the president of sl they did this to him. come on guys i suport the gov for the things they are trying to do to sl but not this. look at what has hapen to kp and even m silva t5hey should to in jail to karuna and all this other people i suport the president to the devolepment he is trying to do sorry not this on gen sarath is a true leader though his stars can be taken but all sri lankans will respect him for what he has done to sri lanka.
Third angle, ask your conscience if General did not contest against MR would there ever a tribunal to try him? This has made us support this brave General who stood up against the state powers of MR and GR more and more and we shall pray for his safety from the most ungrateful man who uses humans as condoms . Karma shall prevail and what goes around will comes around. Be true to your concience
He has been funished for doing politics. I beleive there are not any militory persionels doing politics. There are no any other military persionals corrupted in Sri Lanka. I have never heard about any politician has been convicted for crime or bribes or anything. Sri Lanka is very fortune country for not having corrupted politicians or public servents. I am thinking of comming back to Sri Lanka. This is a heaven.
You are quite right. Some people want to make a mockery of the legal system for their whim & fancy.
Of course you can.What has happened to Lasantha’s brutal murder case
Why is Kotalawala keep enjoying life after swindling 50 Billion ?. These occurred way way back from S.F.’S case. But they are still pending and can the Angel from Heaven explain the reasons. These are Horrible Crimes compared to what S.F. has supposedly done
Does General Fonseka has a right of appeal to the supreme court from this verdict? Now that his lawyers were not present on the day of verdict, can he take leave for appeal? If he is not given at least permision to appeal, only conclusion that could be arrived at is, this is a travesty of justice in the very sense of the term.
No he does not have the right to appeal to the Supreme Court, for Court martial is an Army affair…
Pundit Ariya ! Go study some Public Law !
OPPOSITION CLEANSING. This is a high profile case, the credibility of the judges should be verified, the credibility of the witnesses are questionable as they switched political sides for favour from this regime. This verdict should be challenged at the supreme court, if not it is only fair and just to go international on this issue since anybody with a fair thinking can see clearly the violation here. MP’s have assaulted police officers, which is evidenced in video, MP’s have tied public officers onto a tree and not arrested, persons who had killed and collected money for terrorism is pardoned freely etc etc and this is another case where opposition is being suppressed or eradication
judgement has already been written like war commission’s report has already written.
raj, Why do you worry about SF now? Remember, he was the general who anihilated the LTTE? Your guys even tried to eliminate SF with a suicide bomb. Isn’t it ironic that the same guy who narroly escaped death came back defeat VP. Instead of grieving for his death you have conveniently swapped sides in the Rajapaksa bashing!!! Isn’t there a saying. “If you can;t beat them just join them”. Isn’t he a useful tool to use against MR?
gammnu! I do not worry or support/against anyone. I simply stated the reality. You know history repeat itself. If you look at the history, you can predict what is going to be in a similar situation.
Your argument works both ways. They can use the General for Rajapakse bashing or use Rajapakse for Fonseka bashing.
gammnu! what US state department says according to BBC is below:
“The commission chairman has told the BBC that no one needs to fear testifying, as secrecy and anonymity can be guaranteed.
But a report by the US State Department this week cautioned that those who criticise the government in Sri Lanka run the risk of reprisals.”
is that the government you support?
Wll said Raj. I go with you. Any one who challege or critise mafia family will be prosecuted and they found to be quilty as per the Chinthana law. No one can get away from this corrpted system. Any strong candidate like Lasantha will be directly executed instead of puting through Chinthana court of law
but didnt UNP (joseph michal perara and ranil) tell in parliment that SF killed lasantha?
Perumal your asking if SF can appeal. But where can he appeal? The courts and the judges are under the president and there is no justice in this land. SF is a brave soldier and he will take all this in and rise like a lion onceagain and I’m waiting for that day. This court martial is conducted by the spineless soldiers like Aruna Jayatilleke, Weeratunga & Co who are coverds and who doesn’t hv a single medal for being a brave soldier, they are a sick lot who will persih very soon..& Gay Jayasuriya must be happy with his ADC now! I wonder who will give him a medal for that??
the GOD above is watching and all these people will suffer very soon for they are doing to this great hero. God protect him and give him all the courage & strength to face all these misseries.
The verdict was written long time ago.Now only they are making it official. Postponement of cases is an integral part of the SL legal system. Third angle must be refering to an imaginary legal process that he/she is familiar with. SF may be guilty, but he should be prosecuted at least adhering to the normal ways all courts work in SL .
Lasantha was murdered! SF is going to be hanged for sure as indicated by GOTA and in accordance with the Chinthana Law.
izzy,
Yes, in the same way SF too threatened to put Rajapaksas to the sword while he was campaigning for the presidency. Have you forgotten that or don’t want to bring that up? Keep Lasantha’s case away from this case. SF willbe able to appeal to the Civil courts so wait and see.
The administration did provide the guidance and the leadership to the armed forces to conduct their duties. The administration took the responsibility to deal with the international pressure, provide the necessary resources, and prepared the citizenry to support the armed forces. Army, Navy, Air force and the Police with the guidance of the political leadership, defeated one of the worst terrorist groups in the world. People of the country selected the political leadership and It was the political leadership who selected the right people to lead the armed forces. SF never understood the total commitment and the contribution by all these elements. He compromised the principle of an army officer for power and self-indulgence. He compromised the fundamentals, and that was a surrender. As Mahatma Gandhi said, “Before the throne of the Almighty, Man will be judged not by his acts but by his intentions.”
Thejudgment given by the military court is unethical and unacceptable.However, despite of the Rajapakse judgment SF can go forward with agenda to free the country from devil forces.Just look at what Ghandi di in last century! IT has to be nonviolent and peoples friendly agenda which is based on peoples needs.I dont think any judgment given by the evil regime is countable in todays arena!
as long as MONKEYS in chamber in ISLAND NATION, JUNGEL LAW EXISTS
What a surprise !!!
Accusation- Doing politics while in service……
When are they going to court martial…….
1. President’s son in the Navy for actively taking part in presidential election
2. Defence secretary who again can not take part in politics, for actively engaging in politics during presidential campaign.
If above 2 are done, then people of Lanka may be able to accept General Fonseka’s judgement.
If not this is dispicable victimisation of a war hero , whos only crime was to challange the Raja clan !
Defence secretary, Gotabaya Rajapakshe is a political appointee and was appointed by the President and he did not come from the Sri Lanka Administration Sevice and he is not considered as a SLAS member. He is not subjected to the SLAS rules and regualations and he can attend political activities, like Thilak Marapana under UNP regime. And Presidents son in the Navy is not the same son who take part in active politics. Needs to check the facts before you writhe something.
Hello Nanda….
To be the public servants you do not have to be in SLAS.
Ministry Secretary is one of the most senior posts in Public service. From which school did you learn about the Sri Lanka constitution ?
You should get your facts…. ur rajaprayas backhole kisser…..Joseph correct
Gotaparaya and rajaparaya son should be in jail….when the time comes we will see it!
USA: With threats like this coming from you and your beloved Leader, is it surprising your leader lost the last Presidential election. Leave behind your thuggery and arrogance and learn to show a bit of compassion, who knows , people might change their views come next election.
All hell must break loose against these DOGS. What are the sharon robe guys doing when a country faces a crisis. Where are the soldeirs that fought gallantly along with the General ? Where are the Buddhist monks that chanted pirith when SF was injured by the LTTE. Where are the politicians other than the Raja dogs that hailed SF as the world best Army Commander. Its time to wake up… are else be doomed for ever.
I must say that you have got your facts wrong. Both above are correct. Presidents son in the Navy certainly did actively address election meetings.
what appointing relatives to higher position. Isn’t it not against law? It is called conflict of interest!
No, it is not…
RAJA PAKSHA FAMILY HAS NO WHERE TO GO.TAKE MY WORD.SPESIALY GOTA.
What is Ranil Wicramasinghe doing………………..Shame……………..
Hey Joseph,
How can Gotabhaya and Yoshitha be given the same punishment as SF.
These two never got ‘Four Stars’!. Ane mehema Eershyawak!. Whether ‘General’ or ‘no General’ SF is the President selected by the people. No court martial can punish people for doing that.
Oh I forgot, Maharaja and the Gang is punishing people in numerous ways, for voting SF. That is why they do not care about people in this country, and not treating them well.
All this happens, because SF came to the active politics. The MF needs people who kneel down before him. The people whom belongs to the respected families cannot do that. SF has done all these things, according to the govenment when he was with them. Why they have not taken any action at that time. Why now. The outcome is clear.
Fonseka you are my Lord God
Who Killed Prageeth Ekneligoda? – I believe Champika Ranawaka
if the Geberal goes to the prison, the governmnet and Mervyn will send prisoners thugs to humuliate te General in the prison, this is non other than revange from the MR brothers, this shows the pathetic situation of the LAw in the Country.
Right to speak, right to live, right to represent ,, at the momant the individuals do not have rigts in this country which is sad…….
Fonseka had only a week to retire when the President appointed him Commander. He also helped his 2 daughters to go to US for studies. When the war was on SF was most of the time over seas and it was the Regional commanders who should get the credit. In fact , when the LTTE was run over SF was in China making deals for the HI Corp. This was why a ship load of arms from China ordered by SF which came was turned back by the govt. As commander he was doing business. Then he thought better be President as the UNP and JVP had no candidate. He had done canvassing while being commander so he deserves the punishment.
KP in craddle..and SF in jail……they are giving medals(posts) to KP who was the biggest terrorist..and stripe off SF medals who is still the war hero till the end among many srilankans…what a joke…
Interestingly, KP is working for Sri lanka now, while SF was working against Sri lanka…he wanted a foreign intervention too…
????
SF is a traitor actually. He did all sort dirty things while in his post. He set officers to go without pension. Now he is in to that. This is the best punishment .Hats off to Army generals.
Law must apply to all citizens equally and the justice system is not the place to recognise how well one has done his paid job in passing judgements. Hence the fact that SF was the Ex -Army Commander should have nothing to do with it . If anything, such a pesron is expected to behave in an exemplary manner compared to ordinary citizens and the law must take it full course against such persons…
The entire world knows what will happen if the court decides that he is not GUILTY-
Gota mentioned to BBC that he would be hanged-
Firstly a Public Official must know how to speak to the media on matters that are sub-jure-as it were.
Secondly A free and fair judgement in this instance will be by the people who rule the country-
SO WHO SETS THE STAGE FOR JUDGEMENT??
I curse this Government every day for what they did to our Hero. Sir General Sarath Fonseka. Ghotabhaya is behind all this. Let the Gods punish him severely
give a benz to Karu Jayasuriya, and all the opposition so they will not shout against such injustice
Palipana of Canada where are you. Have you gone dumb?
Sarath Fonseka completely forgot that he was working FOR the GOSL. He also forgot that he was working UNDER the orders of the Commander in Chief, the President of SL. After winning the war he tried to grab the military victory all by himself forgetting that it was the SL govt which put him on a higher rank to FOLLOW ORDERS even after his retirement. He should have thanked the govt for letting him have such a position. If it was not for Gota and MR no one knows who Sarath Fonseka was in the first place. He bit the hands of those who fed him. This is the punishment for all his wrong doings.
Sarath Fonseka got mixed up with his loyalties and priorities thanks to the JVP and the UNP. A country should be ruled by politicians and not by an angry revenge seeker like SF. Sarath Fonseka’s motives were ugly and now he is paying for it.
If he gets a commission every time when buying military equipment to the govt, not to mention with the help of his own son-in-law, how can anyone call him a brave military leader who helped to win the war in SL?
of coz. he was a hero once, but country can not tolerate what he has done. Lot more to come in coming days..
No, we can’t!!!
who said maha raja qulified from colombo university? please dont insult the people of this country. even his lawyer cap came thanks to MRS bandaranayake.
if he qulified the right way he wont let his son to cheat from law entrace the whole country knows that .the head of that institution got some good perks.
MR (THE GALERYBOY) ALWAYS WANTED FAME . SO HE PLAYED THE GAME . NOW ALL HIS SIBLINGS ARE PLAYING
Come to think of it tying a public servant to a tree was an acceptable way of punishment keeping with our old traditions of punishment although somewhat outdated; even in this case we could have saved a lot of time and money if in the same spirit with which he was picked up from where he was seated and tied him to a lamp post and some promoted General could have said FIRE!
In the minds of some even that could have been a fair judgement!
OH MYANMAR WHAT HAVE YOU DONE TO US1
A trial that should never have taken place. A plot through and through by Satan and family!
Rajapakse family can think they can take the medels from a Four Star General Sarath Fonseka,But they and their blind folded followers should remember that the Genral Fonseka’s medels are on his abdominal wall.They will be there for ever .
The scars criss crossing his abdomen may not be any thing significant for the ungreatful group of Sinhalese people and their so called president, but for the Sri Lankans who love their country and acknowldge that this great man has given them a free country to live will never forget him.General Fonseka will be General Fonseka for ever.
These bunch of self-made Royal Family think that they going to be power forever along with their blind followers. Asking for trouble with everymove they make. Three fourth of the country’s population is with the General or oppose this ‘computer manupulated’ regime. Sadly but amazingly this govt and their blind supporters dont realise it that their days are numbered.
it is.everybody knows he involved in politics.
Sadly in sri Lanka the rule of law applies only to opposition.
Gota greeted John Amertunge on his B’day. He is the one who gave away
Sri Lanka army’s Longe Range army ranger group in millenium house
appointing family members to higher position can also be considered against law in some countries. If that so, MR has already broken the law.
Any voice of dissent is considered as that of a traitor. This is the Nazi system of SL thanks to the tyrant MR. Shame on you Mahinda! General will always be General SF!
Thanha Jayathi Soko, and Dhitta Dhamma Vedhani in Buddhism applies to the predicament of General Fonseka.President & the Defense Secretary were the people who responsible of promoting him to the top post when Ranil & Chondrika had others in mind.After all he is an ungrateful man. He richly deserve the punishment meted out to him.
SF reap what he sow… He’s not a normal person… He has a dangerous ego and hatred/revengeful mind that only could be helpful in a war situation…. He’s a no match to politics…. He should never be in politics as he doesn’t know how to react in such an environment.
Keep you all’s Rajapakse haterd somewhere else.. To protest Rajapakse you don’t support Prabhakaran, do you…??? You will only do such a thing if you’re a peron that even can sell your mum. Likewise just for the dislike you hv towards UPFA govt, please don’t support an abnormal, psycopathic, weirdo..
Regardless of who is in power, SF is a clear danger sign for democracy… Just because Udugampola helped you out to get JVP armed struggle eradicated you don’t make him a president right..?? Same theory applies to SF…
Chinthaka,
Hats off to your logic!! There are much men & women in Colombo & other towns who still can not stomach the terrible defeat of Fonny & the wastage of their vote. Worst are the Local Yankee’s living in the west who think Sri Lankans live in a mud hole. Some idiots are so ignorant or pretend blind to what Obama did to General McCrystal & believe that we should accept what they write as gospel truth. It is owing to these fools that we lag behind developed countries. Fonseka in reality was a lunatic grossly unfit to be a president of any country,leave aside Sri Lanka. Fonseka fans will see day-time stars when the other three cases come up for trial. I predict that Fonseka will loose not only his rank & file but civic rights too. His arrogant daughter an American puppet says she does not care for the verdict. Let her fly a kite in US we care less.
Srilanka is a country govern by “Sons Of Tsunami”. If “Tsunami ” did not reach Srilanka, no more Rajapaksas.
Dear Ramani, at this moment I am reading a book(in Spanish language) about Emiliano Sapata of the Mexical Revolution(1st decade of the 20th century). Now the Latin America is somewhat politically and economically stable thank to the great political leaders.
Palipana, perdonne, no conocemos el Espanol. Sapata o Zapata? Adios.
Yes, no question about it that it was a fair trial. SF was given option to have lawyers of his choice.
When a person turns out to be is a serial pest, at times you have to restrain them so the country can be governed / to prevent anarchy. This is not the ideal solution. But by his own foolish conduct he left the government with no choices. It is like swallowing bitter pills to avenge illness.
THIS COURT PROCEEDINGS N JUDGEMENT MUST BE DECLARED NULL N VOID.ANY PERSON GUILTY OR NOT HAS A RIGHT TO AN ATTORNEY BE PRESENT IF NOT ONE APPOINTED ,NOT IN THE GENERAL CASE ,THERFORE THE EXPEDITED DECISION OF THE MILITARY COURT N THAT OF THE PRESIDENT IN ACCORDANCE TO THE CONSTITUTION SHOULD BE DECLARED NULL N VOID OTHERWISE THIS ISSUE WILL BE FACED IN MORE DIRE CONSEQUENCES ENDING IN WORLD COURTS ,FUNDAMENTAL RIGHTS SHOULD BE RESPECTED OF EVERY CITIZEN UNLESS PROVEN IN A FAIR TRIAL,WHICH IS WHY OUR FOREFATHERS WROTE THE CONSTITUTION,THIS CANNOT GO THE WAY RAJAPAKSE REGIME WANT.EVERY INDIVIDUAL NEED TO BE RESPECTED EQUALLY,
idiots running the country. what u can expect. mervyn roaming the streets of kelaniya doing what he likes. he getaway with it. for me general fonseka is a hero and a honest man .will still be a hero if he agree with the government. or not
Saibaba,
Get your bloody facts straight. Do not write rubbish in public.
Dear SaiBaba,
I don’t know nothing about Law but my foolish brain indicates me that you are correct.
What Human Rights in Sri Lanka. When the UN and others discuss Human Rights in Sri Lanka how can any Sri Lankan defend the GOSL who has no idea even to honour the leagl standards.
Good luck Mahinda, your day will come soon and I hope it is not too long.wi
From popularity to abomination…this is the way the pendulam swings for the regime! They are drunk with power, so cannot see where such awful actions are leading them……
Muchas gracias senor Yakolis.El nombre de este revolucionario fue Emiliano Zapata. muchas gracias otra vez.